Jury convicts two defendants in Temecula murder

A jury Wednesday convicted a man of fatally shooting his uncle in a rural area near Temecula nearly two years ago and also found an accomplice guilty of premeditated murder as well.

A separate jury, however, failed to reach a verdict on another defendant who was accused of driving the killer to the uncle's residence where the assault occurred on July 6, 2011.

In addition to first-degree murder, jurors at Southwest Justice Center found Kyle Christopher Miller, 29, guilty of being a convicted felon possessing a firearm and conspiracy to commit a crime along with related allegations.

The jurors found Patty Ann Lamoureux, 47, guilty of conspiracy to commit a crime as well as murder and other allegations.

Both face a punishment of life in prison without parole when they are sentenced April 19.

The Riverside County district attorney's office also charged Ian Edward Inserra, 38, with murder, conspiracy and related allegations, but Judge Angel Bermudez declared a mistrial after the jurors in his case said they could not reach a decision.

He was tried separately because of admissions he had made to investigators that created conflicts in trying his case along with the other defendants, said Deputy District Attorney Jess Walsh, who prosecuted each of the cases.

While 10 jurors voted in favor of Inserra's guilt, two on the 12-member panel had doubts about the extent of Inserra's involvement, Walsh said.

"Apparently, there were a couple of jurors who had some concerns about the amount of knowledge that Mr. Inserra had when he helped Miller," Walsh said.

Inserra will be retried on the charges, Walsh said.

"The evidence against Mr. Inserra is compelling and it's appropriate to go forward and try him again," he said.

Evidence in the trial indicated Inserra and Lamoureux lived together with their son in Winchester, and Miller moved in with them weeks before the crimes after being kicked out of the family's home, where his uncle still resided.

In presenting the case, Walsh contended all three conspired in coming up a plan to rob the victim, 53-year-old Bradley Capen, who was known to keep cash in his room for gambling.

Lamoureux helped obtain a sawed-off shotgun that Miller used in the robbery and shooting.

In his opening statements to jurors, Walsh said Miller "put this shotgun close to the head of his uncle and pulled the trigger."

Later, he said, Lamoureux arranged to get rid of the weapon, which investigators found buried in a remote area near Winchester thanks to a witness's information.

Prosecutors allege Inserra drove Miller to the family home and waited in a concealed locale until Miller returned and gave him several hundred dollars.

Miller's brother and a friend were awake inside the home near Capen's quarters in the early morning hours and told investigators they heard loud noises that could have been gunshots.

Both said they encountered Miller leaving rom the area where the uncle lived. The brother said he saw Miller carrying a gun and heard him warn them to forget that he'd been there.

Defense attorney Robert Gazley said there was no evidence to prove Miller was the individual who had entered the uncle's room and pulled the trigger, alluding to the possibility that Inserra might have been the perpetrator.

Lamoureux's attorney, Richard Swanson argued that Miller and Inserra went to get the gun, not his client, and she was not with them when they went to Capen's home.

Jurors in the Miller and Lamoureux trial left immediately without comment after their verdicts were read without remaining to discuss their decisions with the attorneys, Walsh said.

"The whole time this occurred Ms. Lamoureux was at home in bed sleeping," he told jurors.